We've learned Peckham has already been in touch with Dr. Murray's malpractice insurance carrier, and it turns out to be a tricky situation.

Sources connected with Dr. Murray's defense tell TMZ Dr. Murray had a malpractice policy issued in Texas that covered his medical practices in Texas and Nevada.

Here's the rub. Dr. Murray did not have a medical practice in California, which is a prerequisite for his malpractice coverage. So Dr. Murray's position is that he first saw Michael Jackson as a Nevada patient and what he did for him in L.A. was merely an extension of the Nevada treatment.

We've learned the malpractice policy would only cover civil litigation, not criminal. In the event the doctor is sued for wrongful death -- and Joe Jackson promises that will happen soon -- Murray expects the policy would cover attorney's fees and any judgment.

One source told TMZ, "We fully expect the insurance company would cover such costs."